Medical Malpractice occurs when a health care professional fails to provide proper treatment, does not take the correct course of action or provides a treatment that results in harm, injury or death. According to the Medical Liability Federal Law No. 4 of 2016, it was required that a “Gross Medical Error” must have occurred in order to prove medical negligence. However, the law did not define “Gross Medical Error” properly and had a lot of grey areas. Cabinet Resolution No. 40 passed in 2019, explained “Gross Medical Error” in detail so that nothing could be left to chance.
If a case of medical malpractice or negligence is proven against a medical professional, they can face heavy fines and in some cases may even be sentenced with imprisonment. The liability against a medical professional increases if it is proved that the error was committed under the influence of Alcohol or Drugs. Civil Cases are also filled for getting the compensation. Medical Malpractice may lead to license cancellation, trade license cancellation and heavy fines.
Medical Malpractice Lawyers in Dubai for example ASK THE LAW Medical Malpractice Lawyers, are specialised to handle the complete process and can guide their clients with the best possible course of action. A person can file a complaint with the health care authority, which forwards the case to the Committee of Medical Liability. Additionally, a person can file a criminal complaint by approaching the civil court. In order for a claim to qualify as medical malpractice or negligence, it is important to prove four main facts.
1. The medical professional was obliged to provide medical assistance to the patient.
2. The medical professional failed to provide proper medical assistance to the patient.
3. The patient suffered harm as a result of improper medical assistance.
4. The patient had to suffer long term consequences of the harm at the hands of the medical professional.
There are a lot of aspects of the cases involving medical malpractice. These cases range from cases that result in death to cases that involve minor negligence like a prescription of wrong medicines and faulty dental work. Medical malpractice lawyers in dubai handle cases for medical professionals as well as patients. Some lawyers represent patients, whereas others represent medical professionals or medical facilities like hospitals and labs etc.
Initially, people were not having enough amount of trust in such cases and such lawyers. But now the situation has been quite changed. UAE is competing for the world on modern grounds and modern level, therefore such cases are much more powerful here. Less developed countries where law and order are not maintained and people are mostly corrupt, do not offer justice like this. But if you are an expatriate, you must be confident here as the Law will fully protect you.